2021 -- H 5299

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LC000072

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUDICIAL SELECTION

     

     Introduced By: Representatives Williams, Giraldo, Morales, Batista, and Vella-
Wilkinson

     Date Introduced: January 29, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 8-16.1-2, 8-16.1-4 and 8-16.1-6 of the General Laws in Chapter 8-

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16.1 entitled "Judicial Selection" are hereby amended to read as follows:

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     8-16.1-2. Judicial nominating commission.

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     (a) There is hereby established an independent nonpartisan judicial nominating

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commission which shall consist of nine (9) members, all of whom shall be residents of the state of

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Rhode Island, and who shall be appointed as follows:

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     (1) Within seven (7) days after June 2, 1994:

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     (i) The speaker of the house of representatives shall submit to the governor a list of at least

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three (3) attorneys;

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     (ii) The president of the senate shall submit to the governor a list of at least three (3) persons

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who may be attorneys and/or members of the public;

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     (iii) The speaker of the house of representatives and the president of the senate shall jointly

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submit to the governor a list of four (4) members of the public;

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     (iv) The minority leader of the house of representatives shall submit to the governor a list

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of at least three (3) members of the public; and

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     (v) The minority leader of the senate shall submit to the governor a list of at least three (3)

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members of the public.

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     (2) Within fourteen (14) days after June 2, 1994, the governor shall appoint to the

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commission:

 

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     (i) One person from each of the lists submitted in accordance with subsection (a)(1) of this

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section;

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     (ii) Three (3) attorneys, without regard to any of the lists; and

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     (iii) One member of the public, without regard to any of the lists.

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     (3) The governor and the nominating authorities hereunder shall exercise reasonable efforts

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to encourage racial, ethnic, and gender diversity within the commission ensure that the membership

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of the commission reflects the racial, ethnic, and gender diversity of the state's population.

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     (b) Members of the commission shall serve for terms of four (4) years, except that, of the

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members first appointed:

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     (1) The individual appointed from the list submitted by the minority leader of the house of

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representatives and one of the attorneys appointed by the governor without regard to any of the lists

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shall serve for one year;

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     (2) The individual appointed from the list submitted by the minority leader of the senate

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and one of the attorneys appointed by the governor without regard to any of the lists shall serve for

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two (2) years;

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     (3) The individual appointed from the list submitted jointly by the speaker of the house of

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representatives and by the president of the senate and the member of the public appointed by the

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governor without regard to any of the lists shall serve for three (3) years; and

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     (4) The individuals appointed from the lists submitted by the president of the senate and

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by the speaker of the house of representatives and one of the attorneys appointed by the governor

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without regard to any of the lists shall serve for four (4) years.

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     (c) No person shall be appointed at any time to serve more than one term as a member of

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the commission; provided, however, that a person initially appointed to serve twelve (12) months

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or less of a full four (4) year term may, upon expiration of that term, be reappointed to serve one

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full term; and provided further, however, that each member shall continue to serve until his or her

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successor is appointed and qualified. No commission member shall be a legislator, judge, or elected

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official, or be a candidate for any public office, or hold any compensated federal, state, or municipal

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public office or elected office in a political party during his or her tenure or for a period of one year

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prior to appointment. No member of the commission may hold any other public office (except that

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of notary public) under the laws of the United States, of this state, or of any other governmental

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entity for which monetary compensation is received. No members shall be eligible for appointment

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to a state judicial office during the period of time he or she is a commission member and for a

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period of one year thereafter. No two (2) or more members of the commission shall be members or

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employees of the same law firm, or employees of the same profit or nonprofit corporation.

 

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Vacancies other than those arising through the expiration of a term shall be filled for the unexpired

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portion of the term in the same manner as vacancies due to the expiration of a term.

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     (d) A quorum consisting of five (5) members shall be necessary in order for the commission

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to conduct any business. All names submitted to the governor by the commission shall be approved

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by at least five (5) members of the commission voting in favor of each selection.

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     (e) The commission shall have the power to adopt rules and procedures which aid in its

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selection of the most highly qualified nominees for judicial office. The governor shall designate a

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member of the commission to serve as chairperson, who shall serve in that capacity for the duration

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of his or her tenure. All meetings of the commission shall be subject to the open meetings law as

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defined in chapter 46 of title 42.

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     (f) The commission is hereby authorized and empowered to investigate the personal

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background of each nominee as it relates to a determination of judicial fitness through the Rhode

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Island state police and the attorney general's office, and to require full financial disclosure under

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the provisions of chapter 14 of title 36.

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     (g) The commission shall direct the performance of such administrative duties as may be

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required for the effective discharge of the obligations granted to the commission, and is hereby

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empowered to engage the services of legal, secretarial, clerical, and investigative employees and to

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make such other expenditures as are necessary for the effective performance of its functions.

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Expenses for office space, staffing, and necessary monetary outlays shall be provided by the

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department of administration as a separate line item in the state budget under the term "judicial

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nominating commission."

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     (h) Each person appointed to the commission shall, prior to exercising any authority or

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assuming any duties as a member of the commission, take an engagement of office in accordance

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with ยง 36-1-2. The governor may remove a commission member from office for neglect of duty,

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malfeasance in office, or conviction of a criminal offense. After a commission member is notified

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of any allegations against her or him in writing, the commission member shall be entitled to one

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public hearing prior to removal by the governor.

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     8-16.1-4. Criteria for selection of best qualified nominees.

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     (a) A diverse judiciary ensures that a broad array of perspectives and experiences are

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brought to the bench, reinforces public trust and confidence in the fairness of the judicial system

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and the administration of justice and ultimately enhances the delivery of justice and the judiciary's

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credibility and moral authority.

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     (a)(b) The commission shall consider, but is not limited to, the following factors in

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selecting the best qualified nominees: intellect, ability, temperament, impartiality, diligence,

 

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experience, maturity, education, publications, and record of public, community, and government

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service. Every person shall, at the time of consideration by the commission, be an attorney and

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licensed to practice law in the state of Rhode Island and be a current member of the Rhode Island

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bar association in good standing.

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     (b)(c) The commission shall exercise reasonable efforts to encourage racial, ethnic, and

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gender diversity within the judiciary of this state. To further this goal, on an annual basis, the

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commission shall report to the general assembly and to the governor on (i) the statistics regarding

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the race, ethnicity and gender of applicants considered by the commission in the previous year and

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(ii) efforts made by the commission during the previous year to encourage promote racial, ethnic

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and gender diversity within the judiciary of this state. The form of the report and the means by

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which the commission shall request the necessary information from applicants shall be determined

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by the commission pursuant to its rule-making authority, except that no applicant shall be required

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to provide the information as a prerequisite to consideration, and the identifying information with

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respect to race, ethnicity and gender shall be collected anonymously from applicants. The report

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shall be made available to the public. The commission shall also consider the candidate's sensitivity

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to historically disadvantaged classes, and may disqualify any candidate with a demonstrated history

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of bias towards any of these classes.

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     8-16.1-6. Nomination and appointment of judges.

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     (a) The governor shall immediately notify the commission of any vacancy or prospective

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vacancy of a judge of any state court other than the Rhode Island supreme court. The commission

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shall advertise for each vacancy and solicit prospective candidates and shall consider names

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submitted from any source. Within ninety (90) days of any vacancy, the commission shall publicly

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submit a list of the names of not less than three (3), and not more than five (5), highly qualified

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persons for each vacancy to the governor which shall include a person of color. The governor shall

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fill any vacancy of any judge of the Rhode Island superior court, family court, district court,

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workers' compensation court, or any other state court that the general assembly may, from time to

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time, establish, by nominating one of the three (3) to five (5) highly qualified persons forwarded to

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him or her by the commission for the court where the vacancy occurs.

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     (b) The governor shall fill any vacancy within twenty-one (21) days of the public

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submission by the commission.

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     (c) Each nomination shall be forwarded forthwith to the senate, and by and with the advice

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and consent of the senate, each nominee shall be appointed by the governor to serve subject to the

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general laws. The senate shall, after seven (7) calendar days of receipt of the nomination consider

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the nomination, but if the senate fails within ninety (90) days after the submission to confirm the

 

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nominee, or if the senate does not, by a majority vote of its members, extend the deliberation an

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additional seven (7) calendar days, the governor shall appoint some other person to fill the vacancy

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and shall submit his or her appointment to the senate for confirmation in like manner until the

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senate shall confirm the nomination. If the nominee is rejected by the senate, the commission shall

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submit a new list of three (3) to five (5) candidates to the governor for the purpose of nomination

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in accordance with this chapter. Any new list may include, but need not be limited to, the names of

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any candidates who were previously submitted to the governor by the commission but who were

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not forwarded to the senate for its advice and consent.

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     (d) During the time for consideration of the nominees by the senate, the senate judiciary

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committee shall conduct an investigation and public hearing on the question of the qualifications

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of the nominee or nominees. At the public hearing, the testimony of every witness shall be taken

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under oath and stenographic records shall be taken and maintained. Further, the senate judiciary

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committee shall, during the course of its investigation and hearing, have the power upon majority

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vote of the committee members present to issue witness subpoenas, subpoenas duces tecum, and

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orders for the production of books, accounts, papers, records, and documents that shall be signed

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and issued by the chairperson of the committee, or the person serving in his or her capacity. All

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such subpoenas and orders shall be served as subpoenas in civil cases in the superior court are

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served, and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as

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provided for witnesses in civil cases in the superior court. If the person subpoenaed to attend before

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the committee fails to obey the command of the subpoena without reasonable cause; refuse to be

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sworn; or to be examined; or to answer a legal and pertinent question; or if any person shall refuse

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to produce books, accounts, papers, records, and documents material to the issue, set forth in an

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order duly served on him or her; the committee by majority vote of the committee members present

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may apply to any justice of the superior court, for any county, upon proof by affidavit of the fact,

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for a rule or order returnable in not less than two (2), nor more than five (5), days, directing the

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person to show cause before the justice who made the order or any other justice of the superior

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court, why he or she should not be adjudged in contempt. Upon the return of the order, the justice

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before whom the matter is brought on for hearing shall examine under oath the person, and the

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person shall be given an opportunity to be heard, and if the justice shall determine that the person

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has refused without reasonable cause or legal excuse to be examined, or to answer a legal and

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pertinent question, or to produce books, accounts, papers, records, and documents material to the

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issue that he or she was ordered to bring or produce, he or she may forthwith commit the offender

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to the adult correctional institutions, there to remain until the person submits to do the act which he

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or she was so required to do, or is discharged according to law.

 

LC000072 - Page 5 of 8

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     (e) The committee shall, for the purpose of investigating the qualifications of the nominee

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or nominees, be furnished with a report compiled by the state police in conjunction with the attorney

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general's office indicating the determinations and findings of the state police and attorney general's

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office investigations concerning the background of the nominee or nominees, and the report shall

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include, but not be limited to, the following:

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     (1) Whether the nominee has ever been convicted of, or pleaded guilty to, a misdemeanor

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or felony in this or any other state or foreign country;

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     (2) Whether the nominee has ever filed a personal bankruptcy petition or an assignment for

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the benefit of creditors in this or any other state or foreign country; and whether the nominee has

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ever been a partner in, held ten percent (10%) or more of stock in, or held office in any sole

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proprietorship, partnership, or corporation that has been involved in bankruptcy or receivership

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actions as a debtor or because of insolvency at the time the nominee was a partner in, held ten

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percent (10%) or more stock in, or held office in any such sole proprietorship, partnership, or

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corporation;

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     (3) Whether the nominee has ever had a civil judgment rendered against him or her arising

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out of an allegation of fraud, misrepresentation, libel, slander, professional negligence, or any

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intentional tort in this state or any other state or foreign country;

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     (4) The state police, in conjunction with the attorney general's department, shall provide in

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their report the names and addresses of each and every source of their information.

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     (f) The reports set forth in this section shall be delivered to the chairperson and members

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of the senate judiciary committee in addition to the nominee or nominees only prior to the

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commencement of the public hearing. Provided, however, that if the nominee or nominees

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withdraw or decline the appointment prior to the public hearing, then the report or reports shall be

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returned to the chairperson of the judiciary committee and destroyed.

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     (g) The committee shall also require a financial statement to be submitted by each nominee,

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prior to the public hearing, to the chairperson of the senate judiciary committee, to investigate each

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nominee to determine his or her compliance with the provisions of chapter 14 of title 36.

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     (h) Any associate justice of any state court who is appointed to serve as the chief or

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presiding justice of that court on an interim basis shall retain his or her status as an associate justice

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until the appointment to chief or presiding justice is made permanent.

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     (i) In case a vacancy shall occur when the senate is not in session, the governor shall appoint

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some person from a list of three (3) to five (5) persons submitted to the governor by the commission

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to fill the vacancy until the senate shall next convene, when the governor shall make an appointment

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as provided in this section.

 

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUDICIAL SELECTION

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     This act would promote more diversity in the composition of the judicial nominating

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commission and would require that each list of qualified judicial candidates it submits to the

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governor for nomination include a person of color.

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     This act would take effect upon passage.

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